Legal Question in Wills and Trusts in California

Long after my parents passed away we discovered some unclaimed stock. My brother passed away before we discovered the stock but years after our parents, he and I were the sole heirs. My question is does his heirs have claim to half of the stock or does it all go to me?


Asked on 11/21/09, 10:38 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Assuming your parents did not have wills, your brother's children ("issue") would split one half of the stock, and you would get the other half -- unless they're willing to give up that right or take a discount because you'll be doing all the work. See Probate Code section 6402.

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Answered on 11/26/09, 4:29 pm


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